The European Council’s Commissioner for Human Rights, Michael O’Flaherty, has raised serious concerns about the UK’s approach to human rights, particularly its handling of pro-Palestine
demonstrations and the treatment of transgender people.
In two letters published on Tuesday, O’Flaherty urged the UK government to review its policing tactics and recent legislative measures that, he warned, could undermine fundamental freedoms such as the right to protest and freedom of expression.
In one letter addressed to the UK Secretary of State, O’Flaherty criticized the “heightened policing” of pro-Palestine protests—especially following the government’s decision to classify Palestine Action as a terrorist organization. He said he was alarmed by reports of mass arrests of peaceful demonstrators who were “displaying placards or banners expressing solidarity with the organization or disagreement with the government’s decision to proscribe it.”
While acknowledging that supporting a banned group is an offense under the Terrorism Act 2000, O’Flaherty emphasized that anti-terrorism laws must not be used in ways that stifle legitimate political expression. He called on the government to ensure that fundamental rights are not compromised in the name of national security.
O’Flaherty also pressed the government to review arrests and convictions made under the Police, Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023, which he said “continue to allow authorities to impose excessive limits on freedom of assembly and expression.” He highlighted particular concern over proposed measures restricting protesters from concealing their identities or gathering near places of worship.
In a separate letter to the chairs of the Women and Equalities Committee and the Joint Committee on Human Rights, O’Flaherty turned his attention to the worsening human rights climate for transgender people in the UK.
He referenced the UK Supreme Court’s April ruling that transgender women are not legally recognized as women under the Equality Act 2010—a decision he said failed to take into account the UK’s obligations under international human rights law.
O’Flaherty called for urgent steps to protect transgender rights, including the swift approval of an updated code of practice for services and associations. He reminded UK officials of their duty to uphold the European Convention on Human Rights, which guarantees respect for human dignity, freedom, and private life.
The Commissioner warned that the Supreme Court ruling could open the door to “blanket discriminatory policies” restricting transgender people’s access to gender-segregated spaces. Photo by Adrian Grycuk, Wikimedia commons.
